Suncheon Attorney Case Result | Securing the Full Return of the Deposit With the Assistance of a Suncheon Attorney

The client who requested assistance from the Suncheon attorney entered into a lease agreement with the lessor and paid the full deposit.

The client, who had taken possession of the housing and was living there, conveyed an intention to refuse renewal of the contract to the lessor approximately four months before the contract term expired.

However, the lessor made excuses, saying that it would be difficult to return the deposit to the client.

In the end, the lessor did not return the deposit by the expiration of the contract term.

The client therefore came to a Daeryun Suncheon attorney in order to receive assistance in a deposit return lawsuit against the lessor.

■ Laws Related to the Deposit Return Lawsuit as Explained by the Suncheon Attorney

■ Return of the Leased Housing and Return of the Lease Deposit
▶ Return of the Lease Deposit (Housing) Toward Prevailing in a Jeonse Deposit Lawsuit

When the lease terminates upon the expiration of the lease term or otherwise, the lessor has an obligation to return the deposit to the lessee. - Supreme Court Decision 87Daka1315, decided January 19, 1988

▶ Housing Lease Protection Act Article 3-2 (Recovery of the Deposit)

(1) Where a lessee applies for an auction with respect to the leased housing pursuant to a final and conclusive judgment in a deposit return lawsuit or another comparable title of execution, the performance or tender of performance of the counter-obligation shall not be a requirement for the commencement of execution, notwithstanding Article 41 of the Civil Execution Act concerning the requirements for the commencement of execution.

▶ Housing Lease Protection Act Article 3-3 (Order for Registration of the Lease)

(1) Where the deposit has not been returned after the lease has ended, the lessee may apply for an order for registration of the lease to the district court, the branch of the district court, or the city or county court having jurisdiction over the location of the leased housing.

▶ Preparations Before Securing a Title of Execution

1. Sending certified mail : to demand the return of the deposit.

2. Applying for a provisional attachment : for the purpose of preserving compulsory execution against the lessor's movable or immovable property.

Under the law, the lessor must return the deposit to the lessee upon the termination of the lease agreement.

The client had already returned the housing in question to the lessor.

The Suncheon attorney argued that the lessor should perform the obligation to return the deposit to the client, who was the lessee.

The Suncheon attorney examined the record of the communications between the lessor and the client.

The attorney argued that the lessor had merely made excuses to the client, saying that it would take out a loan and repay the amount, while taking no substantive action.

Approximately four months before the lease agreement term expired, the client notified the lessor in advance that it would not renew the contract any further.

The Suncheon attorney noted that the lessor had been fully aware of the client's intention to refuse and had agreed to it.

The client who came to a Suncheon attorney intended to bring a deposit return lawsuit against a landlord who had not returned the deposit.

With the assistance of a Daeryun Suncheon attorney, the client was able to recover the full deposit, along with the litigation costs.

At Daeryun Law Firm, attorneys with specialized knowledge of deposit return lawsuits and substantial litigation experience assist clients.

If you have concerns similar to those of the client described above, you are welcome to request assistance from a Suncheon attorney at Daeryun Law Firm at any time.